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(영문) 수원지방법원 안양지원 2018.08.30 2018가단104779
손해배상(기)
Text

1. Real estate entered in the separate sheet dated April 24, 2017, concluded between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. The Plaintiffs are owners of real estate listed in the attached list (hereinafter “instant real estate”), and Plaintiff B is operating childcare facilities for infants under the trade name, “D Child Care Center” (hereinafter “instant child care center”) from the instant real estate.

B. On April 24, 2017, the Plaintiffs concluded a sales contract with the Defendant to sell the instant real estate to 2.2 billion won and paid 100 million won as down payment on the date of the contract. The Plaintiffs agreed to pay the intermediate payment of KRW 200,000,000 within one month after the change in the name of the representative of a child care center, and the remainder of KRW 1,900,000 shall be paid by August 31, 2017.

(hereinafter “instant sales contract”). C.

The Plaintiffs and the Defendant changed the name of the representative of the child care center of this case to the name of Nonparty E designated by the Defendant on June 23, 2017, but the Defendant did not pay intermediate payment 200 million won even before July 22, 2017, which was one month thereafter, and did not pay intermediate payment and balance by August 31, 2017, which is the remainder payment date.

On September 11, 2017, the Plaintiffs urged the Defendant to pay the intermediate payment and the balance to the Defendant by September 15, 2017, and if the payment is not made by the said date, the Defendant sent a document verifying the content of urging the Defendant to waive the down payment of 100 million won and compensate for damages incurred due to the change in the name of the representative of the child care center of this case. However, the Plaintiffs sent the document verifying the content of the Defendant’s notification of the cancellation of the sales contract on September 19, 2017.

E. On December 4, 2017, the Defendant issued a certificate of content to the effect that the Plaintiffs are claiming damages equivalent to the amount of the down payment, since the fixed number and current number of the instant childcare center decreased.

F. In Article 6 of the sales contract of this case, the seller shall compensate the buyer for the amount of the down payment with the penalty, and the buyer shall pay the down payment.

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